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MR. SAMUEL M^ROBERTS, OF ILLINOIS, 

THE TITLE OF THE UNITED STATES 



s ^ TERRITORY OF OREGON, 



IN FAVOR OF THE BILL FOR ITS OCCUPATION AND SETTLEMENT: 



DELIVERED 



IN THE UNITED STATES SENATE, DECEMBER 30, 1942, AND JANUARY 9, 1843. 

or ^V 



WASHINGTON: 

PRINTED AT THE GLOBE OFFICE. 

1 843. 



SPEECH 

OF 

MR. M^ROBERTS, OF ILLINOIS, 

OK 

THE TlTIiE OP THE UNITED STATES TO THE TERRITORY OF OREGON, 

AND 

I 

Tn favor of the bill for its settlvnc?it and occupation. 



DELIVERED IN THE SENATE DEC. 30, 1842, AND JAN. 9, 1813. 



The bill " to authorize the adoption of measures 
for the occupation and settlen>ent of the Territory of 
Oregon, and for extending certain portions of the 
laws over the same," having been taken up, as in 
Committee of the Whole, the motion pending was 
to strike out the preamble to the bill, which is in 
these words: "Whereas the title of the United States 
to the Territory of Oregon is certain, and will not 
be abandoned" — 

Mr. McROBERTS addressed the Senate as fol- 
lows : 

I shall vote, Mr. President, against the motion to 
strike out the preamble to this bill. There is no 
great vitality in a preamble to any law; but the one 
before us expresses so clearly the rights of the peo- 
ple of the United States, that I prefer it should stand 
as it is. But whether the preamble be retained in the 
bill or not, it is my purpose to-day to show that our 
title to the Oregon Territory is certain, and to pre- 
sent those reasons which I hope may, to some ex- 
tent at least, induce our countrymen never to aban- 
don it. The citizens of my own State take a deep 
interest in this question; they have memorialized 
Congress repeatedly, for years past, to adopt efficient 
means for the settlement and occupation of the 
Oregon. The same spirit has long animated the 
entire population of the West. Nor is it confined 
to that great division of the Republic, but other 
States — I believe from all of them on this side of the 
Alleghanies, at some time or other, have petitions 
been received, urging this measure upon the atten- 
tion and consideration of Congress. So far, there- 
fore, as the public voice is concerned — a voice which 
is indispensable in all great widertakings — we shall 
never be stronger than at present. We hare tlie 
great element of national strength and power upon 
our side. These things all point to the conclucion, 
that now is the time. 



Sir, there arc other considerations — great and 
paramount considerations — connected with, and de- 
pendent upon, a determined and speedy action upon 
this bill. Have you counted the cost necessarily 
attendant upon delay ! Have you weighed well the 
effect of procrastination] It is with States, as it is 
with individuals, — long continued neglect of your 
own rights when others are in their enjoyment, sole- 
ly because of such neglect, may ultimately prove 
fatal to those rights. We live in a stirring age; the 
wants of the human race increase with the augment- 
ation of its numbers, and such wants, when vacant 
territory is concerned, seldom ask many questions. 
Of one thing, sir, you may rest assured: if you re- 
fuse to take the necessary steps, and afford the neces- 
sary protection, to cause the Oregon to be populated 
by your citizens, other nations will popuUte it for 
you. Already great numbers have gone there, who 
owe allegiance to other nations. They have asked 
no questions, and we have interposed no obstacle. 
The unsurpassed salubrity of the climate, and the 
fertile .soil of the Oregon, its contiguity to the ocean, 
and the facility to commerce with other portions of 
the globe, its fisheries, and furs, and its minerals, 
are temptations too inviting to be overlooked. These 
arc the temptations which Nature offers to emigrants: 
to pass this bill is but to follow her dictates. To pass 
it now, will secure the advantages to your own citi- 
zens, which, if neglected, will fall into other bands. 
That the questions connected with the Oregon 
should have remained for forty years unsettled, is, I 
think, very much to be regretted. The mere fact 
of the delay has operated to retard individual exer- 
tion in the scftlcrnciit and inijirovement of the coun- 
try. But this has not been the fault of any Presi- 
dent of the United States, or of the Government; for 
it has been urged on t'ongrcss from that quarter on 
various occasions and in \arious forms. Repeated 



efforts have been made to bring the questions with 
Great Britain in relation to the Oregon to an ami- 
cable adjustment, though hitherto without success. 
No other Government but that of Great Britain 
would have desired such delays. In 1815. at the 
treaty of Ghent, an admirable opportunity presented 
itself to settle the question of boundarv; but it was 
not acted upon. In 1818, our minister at London 
was specially instructed to press the final settlement 
of the question of boundary. It was so pressed, but 
nothing definite could he obtained. Our minister 
proposed that the 49th parallel of latitude (which 
was the then established boundary) west to the 
Lake of the Woods, should be extended across the 
Rocky Mountains to the Pacific ocean, and should 
be the permanent boundary; the north to belong to 
Great Britain, and the south to the United Stales. 
This the British Government refused. In 1826, the 
United States proposed a renewal of the discussion 
as to boundary. Mr. Gallatin and Mr Rush, our 
ministers, were instructed to propose (and accord- 
ingly made the proposition) that the 49th parallel 
of latitude, which was the boundary between the 
British possessions and the United States, west 
from the Uake of the Woods to the Rocky Mountains, 
should be the permanent boundary, and be extended 
across the Rocky Mountains to tiie Pacific ocean. 
This proposition, and by which tlie then adminis- 
tration proposed to surrender all chiiin of the United 
States between the 49th and 54th parallel of lat- 
titude, was refused by Great Britain. Her minis- 
ters, not content with five degrees of latitude on the 
Pacific ocean, which had been offered them, pro- 
posed that the 49th parallel of latitude should be 
extended across the Rocky Mountains till it inter- 
sected the northern source of the Columbia river, 
and then proceed down the main channel to the sea. 
This, being wholly inadmissible, was rejected; and 
the minister of the United Slates (Mr. Gallatin) in- 
formed the British Government that this Govern- 
ment was absolved from its offer to abide by the 
49th parallel of latitude, and would thereafter insist 
upon the whole territory to which it had just claim. 
Great Britain, however, acted in the spirit of her 
accustomed policy; and one part of that policy is, 
that when its Government has in point of fact no 
strict right in a claim once set up, to effi'ct delay — 
to procrastinate — to put off its adjustment; well 
knowing that weak pretensions have always been 
Btrengthcncd by that policy. We must cut the 
Gordian knot, and take possession; or (Jreat Britain 
will accomplish all she desires, overrun the country 
with her people, and then with more jilausibility 
urge her claim, upon the ground that she is bound 
to afford them protection. The convention which 
Was made in 1818, and renewed in 1827, securing 
to her a joint occufiancy with us, has been made by 
hCr subservient to this very result. Arc we to have 
no tnd to these delays? Why is it that a distin- 
guished nolileman of Kngland, (Lord Asht»urion,) 
who was sent to this country us a .<|;(!cial iiiiuistcr, 
and, as was said, to settle, if jiohsible, all disputes 
between the two countries, should have had no in- 
structions from ihi- British ministry upon this* sub- 
ject? When the British Government hail the right 
clearTy on its si<le, there is not an instance on record 
where it sought for delay. IVow, I am perfectly 



willing to allow that it is always proper to proceed , 
deliberately; to see that we have the right on our 
side, when we are obliged to go into such matters. 
But what I do contend for is, that our right and 
title to the territory claimed by us (take from lati- 
tude 42 to 49 degrees north, for exam})le) have been 
long since so clearly ascertained, that we should not 
have admitted any pretence for delay in its recogni- 
tion. Sucli would have lieen the course of Great 
Britain herself, had she the right and title we pos- 
sess. 

I propose to state briefly the grounds of our title, 
to show that it has been long since rendered plain 
and indubitable. I will try and present the subject 
in such a manner that those who run may not only 
read, but comprehend also. A cherished principle 
upon which our people have always acted, is first to 
investigate, and be certain that they are right; 
because, if either individuals or nations must ijuarrei , 
it is one of the cardinal laws of being, th.at — 

•'Thrire id he armed who haih his qiiarrtl just." 

Let us commence with the title which we derived 
from Spain; because it is to be remembered that, 
whatever of right Spain had to the Northwest coast, 
either by discovery, occupancy, or purchase, has 
been transferred to us in the most enlarged and 
am[)le maimer. 

1st. From 1532 to 1540, several expeditions were 
fitted out under Spanish authority, and explored 
California and the coast to a considerable distance 
north of it. T'lie commanders were Mazuela, Gri- 
jalva, Becera, and Ulloa. Their object was discover)-, 
and to find what did not exist — a water communica- 
tion through to the .'\tlantic. 

In 1540, Coronado, by orders from the viceroy, 
made an iin[)ortant expedition by land in the interior 
north of New Mexico; and in L543, Bartolome 
Ferrelo discovered Cape Blanco in 43 degrees north 
latitude. 

2d. It is established beyond all question, that in a 
voyage of discovery under the authority of Spain, in 
the year 1592, Juan De Fuca discovered and travers- 
ed the straits which bear his name. The straits 
enter the land at 48 de^^recs north latitude, and ex- 
tend east 100 miles and thence northwest 250 miles, 
' into the Pacific again, in latitude 51 degrees; that 
he remained twenty days in the straits, landed fre- 
j quently, and traded with the natives. It further ap- 
' pears that this voyage and di.scovery was made 
known to Iwigland by letters from .Michael Lok, th» 
English consul at Aleppo, to Ijord Treasurer Cecil, 
I and Sir Walter Raleigh. Spain, therefore, first dis- 
I covered the country, and traversed it as far north as 
I 51 degrees north latitude, 251 years since, and le>4 
' years before the celebrated voyage of Captain Cook. 
3d. In 1602 and subsequent years, further and 
I more extensive surveys were made of the coast by 
Corvan and Vizcaino, uudei the Sj)anish Government, 
extiiiiiing north of its former possessions; and on 
! the 16lh of January IG03, Aguilir discovered the 
[ beautiful river Umqua, which is wilhin our boundarj, 
j in latitude 44 degrees north. 

I 4th. ("omplete and authentic evidence exists that 
} in August, 1774, Perez and .Martinez, under Spanish 
I authority, lirt^t discovered the Sound of Nootka be- 



tween latitude 49 anil 50 dpt^rces north. They 
called it yiin Lorenzo. (Hiimlioldt, p. 331.) 

5th. 'I'liat eijually roiirlusivc evidence exists that 
Heccia, Ayala, and Quadra, Spanish officers and 
navigators, disicovcrtd the bay at or near the river 
Columbia. 

6th. 'I'hat ill these two years 1774 and 1775, the 
Nortbwest coast was explored by Perez and Marti- 
nez, S[)anish navi;;ators, as high as the 58th degree of 
north lalilnde. 

7tli. Tliat in pursuance of orders from the vice- 
roy of jVIexico, then under the (tovernnient of .Spain, 
Martinez, with two armed vessnU, took possession of 
Nootka on the Otli of May 17K'.); and it is allirnicd 
in (trecnhovv's compilation, upon full examination, 
that, '•bct'orc the arrival of (he t>[)anisli commander 
Martinez at Nootka, in .May 1789, no settlement, 
factory, or commercial or military establishment 
whatever, had been founded, or even attcmpleil; and 
no jurisdiction had been exercised by the subjects or 
authorities of any civilized nation in any part of 
America bordcrinij; u[)on the I'acidc, between T'ort 
San KrHiiciscr> and Prince William's Sound " 'I'lie 
first being in latitude 37 degrees north, and the 
second in latitude 60 degrees. 

Such are the prominent points showing the rights 
of Spain to the Noilhwest coast, founded upon dis- 
covery and m-cupancy. Now, the Unitecl States 
have become the successors of Spain, and every right 
she had, according to the law of nations beli)iigs to 
us. By the treaty of Feiiruary 10,1763, hetv<^cen 
Great Britain, France, and Spain, England was con- 
lirnied in her possession to the French provinces on 
the St. Lawrence, and she relincpiished all claim to 
territory beyond the Mississippi. Spain acfjiiired 
Louisiana from France the 3d of November, 1762, 
and held it until October 1, 1800; she then retro- 
ceded it to France — "the same in extent as it now 
is in the hands of Spain, as it was when France 
formerly possessed it, and as it sliould be according to 
the treaties subscijuently made between Spain and 
other nations." Such is the language of the treaty. 

On the 30tli of April, 1803, the Fir.st Consul of 
France (Bonaparte) ceded Louisiana to the United 
States, in the language of the deed itself, '•witii all 
its rights and appurtenances, as fully and in the 
same manner as it had been acquired from Sjiain" 
in 1800. 

Whatever extent Louisiana possessed utider either 
France or Spain, became the territory of the United 
States. The discovery by La Salle of the river St. 
Louis (now Mississippi) gave to France, according 
to the law of nations, the whole territory watered 
by it, or its tributary streams, not previously occupied 
by any other power. This extended ]<ouisiana to 
the Kocky .Mountains on the west, and up the main 
channel to its source. 

By the treaty of February C2, 1 81!), commonly 
cal ed the Florida treaty, the boundary between the 
possessions of the I'nitcd States and Spain was 
established at latitude 43 degees north, extending 
from the head-waiers of the .Arkansas, west, to the 
Pacific ocean. And the tiiird article of the treaty 
declares that '"his C.itholic Majesty cedes to ihe sai<l 
United States all liis rights, claims, and pretensions 
to any territories east and noith of the said line; and 



for himself, his heirs and successors, renounces all 
claim to the said territories forever." This is the 
treaty that perfects our rights; and by this sweeping 
chinse invests the I'nitcd States with every right, 
interest, or claim, which the Spanish monarchy 
possessed upon the shores of the Pacific. What her 
discoveries were, extending through a period of two 
hundred and fifty years, I have already shown. 

So much for our title to the Oregon, derived by 
treaty, through France and Sp.iin. Let us now trace 
our own title, as founded upon discovery and occu- 
pancy b\ citizens and soldiers under the (lag of the 
L'nited States. 

The valuable commerce in furs and skins upon 
the shores of the Paciljc induced enterprising mer- 
chants, shortly after the Revolution, to cngagC in 
that trade. 

On the 30th September, 1787, Captains Kob«rt 
Gray and John Kendrick sailed from Boston in the 
shi|is Washington and Columbia, for the Northwest 
coast. 'J'he Washington arrived at Nootka on the 
17ib of Se|)icmber, 1788, and the (Columbia the 
latter part oftluit inontb; at wiiich place both vessels 
spent the winter. 'J'he next year Captain Gray 
discovered the strait of Fuca, and passed uj) it fifty 
miles; and from information derived from the natives, 
he had no doubt it communicated with the I'acific 
north of Nootka, at a place he had the year before 
called Pintard's Sound. The furs collected by Gray 
and Kendrick they sold in (Canton. Gray returned 
to the United States, and Kendrick remained upon 
the coast. Gray shortly after again sailed for the 
Nortliwest coast, and on the 7th of May, 1792, he 
discovered a safe harbor in latitude 47 degrees north, 
and which, in honor of one of the owners of the ship, 
he called Bulfinch's harbor. On the 11th of May, 
1792, he discovered the mouth of the Columbia, 
which he describes as being a broad and rapid river, 
the water of which was so perfectly fresh that the 
casks of the ship were tilled within ten miles of the 
Pacific. He ascended the river twenty miles; he 
landed and examined tlie country, and rein.iined 
there trading with the great nundier of natives that 
crowded round his ship in their c.mocs, until the 
20th o( the month, when he sailed out into the Pacilic. 
He bestowed th<< name of his ship — the Columbia — 
upon the noble river, and called the promontory on 
the north Cape Hancock, and that on the south 
Cspe Adams. 

Such is the account given by Captain Gray him- 
self of his discovery of the Columbia. The material 
facts are recorded at length in the log- hook oftiisship, 
a copy of which has been furnished by .Mr. Charles 
Bulfinch under oath. 

The discovery of this great river of the West con- 
stitutes an important era in the history of the coun- 
try. It opened a new channel of communication 
from the ocean to the Ftocky Mountains, and extend- 
ed, by means of its tributaries, to almost every part 
of one of the most fertile regions upon the globe. 
It contributed to secure to the country, under who.-^e 
flag the discovery was made, a title to the river, and 
the magnificent territory which is watered by it. 

Since the Oregon Territory has begun to be un- 
derstood and to be justly appreciated, the British 



Government, through its minister:!, have indulged 
ill doubts — nay, in denial — as to Mr. Gray'sprior dis- 
covery of the Columbia. In order that there shall 
be no misunderstanding. I will give the words of the 
British plenipotentiaries in their coininunication in 
1826, to Mr. Gallatin, our minister. 

They say that ' Great Britain can show that, in 
1788, (that is, four years before Gray entered the 
mouth of the Columbia river,) Mr. Mears, a lieuten- 
ant in the royal navy, who hiid been sent by the 
East India Company on a trading expedition to the 
Northwest coast of America, had already minutely 
explored that coast from the 49th to the 45th de- 
gree of north latitude; had taken formal possession 
of the straits of De Fuca in the name of his sover- 
eign; had purchased land, trafficked, and formed 
treaties with the natives; and had actually entered 
the bay of the Columbia, to the northern lieadland, 
which he gave the name of Cape Disappointment. 
Dixon, Scott, Duncan, Strange, and other private 
British traders, had also visited these shores and 
countries several years before Gray; but the single 
example of Mears suHices to quash Gray's claim to 
prior discovery. To the other navigators above 
mentioned, therefore, it is unnecessary to refer more 
particularly." 

Let us proceed to examine the pretensions of the 
British Government, as set forth in the extraordina- 
ry passage here quoted. That Mr. Mears should 
have minutely explored that coast — "minutely ex- 
plored" are the words — and yet not have discovered 
a river which is seven miles wide at the mouth, 
would seem to be too great a tax upon the credulity 
of any one. That he should have entered the bay 
south of Cape Disappointment in 1788, and thereby 
furnished his Government any claim to the Colum- 
bia, would be equally incredible, when it is positive- 
ly proved that Heceta, a Spanish navigator, entered 
the same opening in 1775, and actually named the 
same Entrada de I/eceta, and which is so represent- 
ed on the Spanish maps. That Mr. Mears should 
have taken formal possession of t!ie Strait of De 
Fuca, and that such act should be relied upon as 
conferring any right, is equally wonderful — especial- 
ly when it is remembered that the said straits had 
been discovered and navigated from one end to the 
other under Spanish authority, and therefore right- 
fully belonged to Spain for a period, at that time, of 
one hundred and ninety-six years. Captain Beike- 
ley, under Anstriiin colors, entered the Striiit of De 
Fuca in the summer of 1787, one year before Mears 
was there. Wliy did not he claim it! Berkeley, 
finding it in the latitude, and answering the descrip- 
tion which De Fuca iiad given of it, and which ap- 
peared upon all the old maps, immediately bestowed 
upon it the name of its discoverer, and called it the 
Strait of Juan De Fuca. Captain Gray, "of the 
United States, landed at Nootka, (which is on the 
island formed by this strait,) the 17lh of September. 
1788; Captain Kendrick joined him during the same 
month; they built houses, traded with the natives, 
and spent the winter there. Gray sailed up this 
same strait fifty miles, 'i'he reason that Berkeley 
and (iray made no claim to the discovery of tin- 
Strait of Fuca is, because they knew whatttie whole 
maritime world knew — that the merit belonged to 



another; and that the strait would forever bear the 
name of its rightful discoverer. 

What discoveries were made by Dixon, Scott, 
Duncan, Strange, and other British traders, we are 
not told; and for a very good reason. Indeed, they 
seem to be named only to fill up the back ground of 
the picture, as the sentence coi:cludcs by saying that 
the single example of Mears sufhces to quash — yes, 
(jtiiish is the word — Gray's claim to the prior dis- 
covery of the Columbia river. 

Now, it so iiappens that I have beforeme a piece 
of evidence upon this suiiject, that cannot fail to be 
interesting to the Senate and the country. It is tes- 
timony written at the time, with all the frankness 
of a gallant sailor — and that sailor, too, an officer of 
Great Britain. I read it here, to show how the as- 
sumed facts and conjured up arguments of a British 
minister to sustain a bad cause, and made out forty 
years after the date of the transaction, are anni- 
hilated Iiy the naked statement of a sailor, and he 
their own officer. 

I read from the second volume of the voyage of 
discovery of Captain George Vancouver to the north 
Pacific ocean in 1791-'92-'93-'94. 

Vancouver was in latitude 47^ 37', and says at 
page 41: 

''At four o'clock a sail was discovered to the west- 
ward, standing in shore. This was a very great 
novelty, not having seen any vessel but our own con- 
sort during the last eight months. She soon hoisted 
American colors, and fired a gun to leeward. At six 
we spoke her. She ])roved to be the ship Columbia, 
commanded by Mr. Robert Gnty, belonging to Bos- 
ton. Having litile doubt of his being the same 
person who had formerly commanded the sloop 
Washington, I desired he would bring to, and sent 
Mr. Puget and Mr, Menzies on board to acquire 
such information as might be sei-viceable in our fu- 
ture operations. 

"On the return of the boat, we found our con- 
jectures had not been ill-grounded; that this was the 
same gentleman who had comnjanded the sloop 
Washington at the time we were informed. She had 
made a very singular voyage behind .\ootka. It was 
not a little remarkable, that, on our approach to this 
inland sea, (Strait of De Fuca,) we should fall in 
with the identicnl person who, it hud been stated, 
had sailed through it. His relation dillcreil, however, 
very materially from that published in England. 
He assured the oOicers that he had penetrated only 
fifty miles into the strait in question. 

"He (Captain Gray) likewise informed them of 
his having been off the mouth of a river, in latitude 
4(i° 10', where the outset or reflux was so strong 
as to prevent his entering for nine days." 

Page 58: "The river Mr. Gray mentioned sliould, 
from the latitude he assigned to it, have exish-nc^ in 
the liay south of Cape Disapjxiinimiuit. 'J'his we 
passed on the forenoon of the 27th; and, as I then 
oi)serveil, if any inlet or river should be found, it 
must be a very intricate cne, and inaccessilile to 
vessels of our burden, Mr. Gray said he had been 
several days attem])ling to enter it. I was thorough- 
ly convinced, as were also most persons of observa- 
tion on board, that we could not possibly have passed 
any safe navigable ojjening, harbor, or place of 



security for shipping, on this coast, from Cape Men- 
docino to the promontory of Classat:" — that is, 
from 40° to 47° 30' north latitude, and extending a 
great distance both north and south of the Columbia. 

In the month of October following, when the wor- 
thy Captain Vancouver returned to Nootka, and saw 
Mr. Quadra, the Spanish commander, he changed his 
opinion upon the point that there was no such 
river as the Columbia, or no harbor on the coast 
for shipping. The 13th of October, at page 388 
vol. 2d, he uses this language: 

"The present re-established serenity (of weather) 
encouraged me to hope I might bo enabled, in our 
route to the southward, to re-examine the coast, and 
particularly a river and a harbor discovered by Mr. 
Gray, in the ship Columbia, between the 46lh and 
47th degrees of latitude, of which Sefior Quadra 
had favored me with a sketch, f'or this purpose 
our course was directed along shore to the eastward, 
which would alford an opportunity of examining 
the Spanish survey between Nootka and De Fuca's 
straits." 

This last passage contains three highly important 
admissions: 

1st. That Mr, Gray had discovered the river 
Columbia. 

2d. That he had discovered a harbor (meaning 
Gray's harbor) north of tlie river; and that both these 
discoveries had been made upon a coast where he 
(Vancouver) had declared, in April before, that no 
river, no harbor, or opening, existed. 

3d. That the Spaniards had previously made a 
survey of the coast from Nootka Sound to De Fu- 
ca's straits. 

Accordingly, on the 16th of October, at page 393, 
we have the following order of Captain Vancouver: 

"I directed Mr. Whidley, taking one of the Dis- 
covery's boats, should proceed in the Dedalus to 
examine Gray's harbor, said to be situated in lati- 
tude 40° 53'; whilst the Chatham and Discovery 
explored the river Mr, Gray had discovered in the 
latitude 46° 10'." 

Page 39,'>: "In the aflcrnoon, when having nearly 
reached Cape Disappointment, which forms the north 
point of entrance into Columbia river, (so named by 
Mr. Gray,) I directed the Chatham to lead into it." 

Sir, (said Mr. McR.,) was ever proof of the ex- 
istence of any fact more conclusive than that here 
exhibited — that Captain Gray was the first discoverer 
of the great river of the West? This old volume 
which I have found in the library contains the regular 
journal of daily entries, made by Captain Vancouver 
from April to October, 1792. The information fur- 
nished to him by Captain Gray, of the strait of 
Fuca, of Ci ray's harl)or, and of the Columbia river, 
is repeatedly mentioned. Captain Vancouver ob- 
jected, in April, that there was any such river or 
hay. When he returned in October, and learned the 
particulars from Quadra, and received from him a 
diagram of both, he directs the bay to be examined 
by Whidley, and orders the other vessel to lead 
into the Columbia. He examines them, and admits 
that Grav was the discoverer. In the face of proof 
like this, is it not am r/incr that the British ministers 
in 182(5 slmuld declare to Mr. Gallatin that the dis- 
coveries of Mears suffice to "cjuash" Gray's claim 
to prior discovery? ' 



The connected testimony of their own witness, 
entered in his daily journal, and detailed in all the 
simplicity of truth, is, of itself, sufficient to (juash 
a thousand such claims as those of Mears. It does 
not only destroy all pretensions on the part of Mears, 
but it annihilates the arguments of the ministry in 
sustaining it. As long as that noble stream shall 
bear the rich commerce that is destined to float upon 
its bosom from the mountains to the sea, so long 
will this evidence hold up to the living world the 
name and character of its undoubted discoverer. 

There is anottier branch of this subject to be con- 
sidered, and which completes the view of our title 
to tlie country by discovery. Mr. Jefferson nom- 
inated on the nth January, 1803, Messrs. Livings- 
ton and Monroe to the Senate as ministers to nego- 
tiate for the purchase of Louisiana. On !he 18th of 
that month, he recommended an appropriation for 
an expedition to the Pacific ocean. The 30th of 
April, ISO.'i, the Louisiana treaty was signed; and 
on the 14th of May, 1804, Captains Lewis and 
Clarke entered the Missouri river on their western 
expedition. Of the importance of that expedition — 
of the privations and hardships which were en- 
dured in its performance — of the unrivalled intre- 
pidity, courage, and talent, displayed by its com- 
manders and the whole party, it is not now my pur- 
pose to speak. These things are known, and fill up 
one of the most interesting and thrilling pages in 
our history. The expedition traversed the Missouri 
to its sources among the Stony Mountains, crossed 
them in latitude 47 degrees north, found the head 
waters of the Columbia, constructed canoes, and 
passed down the river; and on the 15th of Novem- 
ber, 1805, landed at Cape Hancock, upon the Pacific 
ocean. Lewis and Clarke and their party passed the 
winter at an encampment erected by them south of 
the Columbia, near its mouth. They traded, hunted, 
and fished with the Indians, and on the 13th of 
March, 180G, started for the United States. They 
followed the Columbi^ in their canoes to iLs falls, 
and thence travelled oy land to the mountains. 
One party, under Captain Lewis, crossed the moun- 
tains directly east to the falls of the Missouri; while 
the other party, under Captain Clarke, crossed south, 
to the sources of the Yellow Stone, and passed down 
it to its mouth, where the parties were re-united, 
and on the 23d of September, 1800, arrived at St. 
Louis. This was the first instance in which the 
Oregon Territory and the Columbia river, from its 
source to ■ its mouth, had ever been traversed by 
civilized man. The whole country on the route, 
for more than three thousand miles, was sublime 
wilderness. Lewis and Clarke were not men about 
whom posterity can err. They are of the number 
of those whose acts stand in high relief before the 
world, and whose courage, self-command, and in- 
domitable perseverance awakened new impulses in 
the age in which God had placed them upon earth. 

The trip was undertaken by the Government for 
the avowed purpose of discovery; it was intended 
to accomplisli an exploration of the Oregon Terri- 
tory fniin the Rocky Mountains to the Pacific ocean. 
It was intended to found a claim to that territory in 
virtue of such discovery, and in furtherance of our 
'existing rights from the discovery of the mouth of 



8 



the Columbia by Captain Gray. The notoriety of 
the expedition of Lewis and Clarke, and the pub- 
lication of their journal, were notice to the world of 
our purposes, and of the success of the expedition. 

Our enterprising citizens have traversed portions 
of the country on both sides of the Rocky Moun- 
tains often since, and as far south as the Mexican 
settlements. Emanuel Lisa, Hunt, Henry, and 
others of Missouri, could be named; and General 
Thomas James, of my own State. These noble 
men, though engaged in individual pursuits, ex- 
plored our remote possessions, and from their in- 
trepidity and talents made the name and character 
of their country respected in the remotest regions 
of the West. Their names are known among all 
the tribes, and by their exertions and sacrifices the 
rights of our country are engraved upon the moun- 
tains. 

In furtherance of the rights of the United States 
to Oregon, founded upon prior discovery, there was 
an occupancy of the country under our flag of great 
notoriety, and a subsequent act of the British Gov- 
ernment recognising our rights founded upon that 
occupancy. I refer to the establishment of Astoria, 
near the mouth of the Columbia. In 1810 the 
party left the United States, with the necessary mate- 
rial and men; part sailed from New York, and part 
crossed the country by land, and all met at the mouth 
of the Columbia in the spring of 1811. Astoria 
was established, houses and other buildings erected, 
gardens enclosed and cultivated, a vessel built and 
launched, and trading-posts located in the interior as 
high as the mouth of the Okanagan, which is four 
hundred miles up the Columbia. The party engaged 
in hunting and trapping, and carried on an extensive 
and lucrative trade with the natives. 'J'heir furs 
and skins they shipped to Canton. The proceeds 
were sent to the United States in silks, teas, and 
other products of the East India markets. 

The establishment at Astoria — though it encoun- 
tered some reverses, and espcqplly in the murder by 
the Indians of the crew of the ship Tonquin (in 
which bloody affair, one of the crew, rather than suffer 
himself to be murdered by their hands, blew up the 
vessel, after the enemy liad overpowered them,) — the 
establishment, I say, notwithstanding its reverses, bade 
fair to be highly prosperous. It had the entire com- 
mand of the fur trade through the whole extent of 
the valley of the Columbia. It was the first perma- 
nent establishment ever made there. Arrangements 
at St. Petersburg had been made by it, for the exclu 
sive trade with the Russian settlements in the north 
Pacific, There was not one British subject in the 
territory. The news of the war of 18 1'2 was carried 
from Canada, by one of the Northwest Company, in 
1813, and communicated to the inhabitants of Asto- 
ria. He was also the bearer of intelligence that a 
naval force was on its way from England to take 
possession of the mouth of the Columbia. The same 
intelligence was received from other quarters. A 
fraudulent sale was then made of the furs anil other 
property, to a party of the British Northwest Com- 
pany; and shortly after an English ship of war entered 
the Columbia rivor, and took possession of the fort 
and buildings at A.toria, changed the name to Fort 
George, and hoisted the British flag. 



This was an act of public war. The place fell by 
belligerent captiire. The property belonged to citi- 
zens of the United States, and was under the pro- 
lection of our flag. England acquired no otherright 
than that which grew out of the laws of war. I have 
detailed the material facts of the transaction, in ordej 
to show that England herself did not regard that 
capture as of any possession or territory of hers. 
Immediately after the treaty of Ghent, the United 
States demanded the restoration of Astoria, in pur- 
suance of the stipulations in the first article, which 
provided that all territory, places, and possessions, 
captured by one party from the other during the 
war, should be restored. 

Accordingly, after writing two letters denying our 
right to be restored to possession; and after an at- 
tempt to have the question referred to an umpire, 
which our Government refused; and after an armed 
vessel of the United States had actually sailed for 
the mouth of the Columbia, for the purpose of re- 
occupying Astoria, and finding that nothing would 
do but the restoration of the fort and property, the 
British Government surrendered it. 

The act of delivery is worth reading, to show 
the good taste in which that Government can do 
things, and also to show the unqualified terms in 
which the restoration was made. It is in these 
words: 

"In obedience to the commands of his royal high- 
ness the Prince Regent, signified in a despatch from 
the right honorable the Earl Bathurst, addressed to 
the partners or agents of the Northwest ('ompany, 
bearing date the 27th January, 1818, and in obe- 
dience to a subsequent order, dated the 26th of July, 
from W. H. Sherriff, Esq., captain of his Majesty's 
ship Andromache, we, the undersigned, do, in con- 
formity to the first article of the treaty of Ghent, 
restore to the Government of the Lnited States, 
through its agent, J. B. Provost, Esq., the settlement 
of Fort George on the Columbia river. Given under 
our hands, in triplicate, at Fort George, (Columbia 
river,) this 6th day of October, 1818. 

F. HICKEY, 
Captain of H. J\t. Ship Blossom. 

J. KEITH, 
Of the A'oi'thxvfsi Compani/.^' 

We were, therefore, restored to the possession of 
Astoria in the most ample manner; and the United 
States have been in the legal possession ever since. 

In 1818 Lord Castlereagh admitted the full right 
of the Americans to be reinstated, and to be the 
party in possession while treating of title. By the 
conventional law of Europe, the consummation of 
the inchoate title gained by discovery is the forma- 
tion of settlements in the country discovered. This 
is a safe and well-settled rule; and we can justly say, 
that both by right of discovery, and by continued acts 
of ownership, as well as by the title derived through 
France and Spain, the United States, according to the 
settled law of nations, has a clear and undoubted 
right and title to the Territory of (Jregon. 

There is another branch of this subject to be con- 
sidered. It is as to the validity of the claim which 
England has made to that territory. I propose to 
state the nature of this claim, that it may be seen in 
connexion with the view I have presented of our 



own. The subject is one of great interest, and an 
examination of its merits cannot be uninteresting to 
the country. England places her claim upon tlu' 
right of discovery, and upon a treat\' with Spain 
dated in 1790. The first English navigator that is 
mentioned as conferring any claim is iSir Francis 
Drake. He sailed from Plymouth in 1.577, and 
arrived in the Pacific the next year. England and 
Spain were at peace; but as soon as he arrived at 
the Spanish towns of Gautulco, .\capnlco, and others 
in Mexico, he cotnm(!nced a system of robbery upon 
their towns and ships, that was altogether new to the 
Spaniards. We do not know what his instructions 
were; but one thing is certain — that he meant to let 
the Spaniards know that there was such a man ;;s 
Sir Francis Drake. He certainly created ijuitc a 
sensation, for the historian says thi't the bare men- 
tion of his name would horrify the people for a centu- 
ry afterwards. After he had thus amused himself 
he sailed up the coast to 4.3 degrees north; and thcrr 
returned to the coast at .38 degrees, repaired his ship, 
called the country New Albion, accepted the crown 
from the natives in the name of her Majesty Queen 
Elizabeth, and arrived in England in 1580. The 
whole of the coast seen by Drake, so far as we can 
judge from the evidence, had been explored under 
the authority of Spain thirty-six years before, and 
several times within that period. 

Sir Thomas Cavendish next attempted the circum- 
navigation of the globe, in the list of English adven- 
turers. He does not ap|)car to have seen as much 
of the coast as Drake had before him. 

The next name that appears in the list of English 
discoverers, is one that has been made immortal by 
his public services, and by the justice and excellence 
of his character. I mean the celebrated Captain 
Cook. England was anxious to ascertain whether 
there was or was not a northern passage by water 
connecting the Atlantic and Pacific oceans. She 
despatched ships forth at purpose, at the same time, 
to the north Pacific, and to Ballin's Bay. Ca[)tain 
Cook was selected to take charge of the expedition 
to the Pacific. 

He was instructed to Aril in with the Northwest 
coast at latitude 4.'3, to recruit his wood and water, 
and then to sail to latitude 65 degrees north, and 
there to begin his examination for ''a water passage 
pointing towards Hudson or BatHn's Bay." If he 
became convinced that no such communication ex- 
isted, he was to explore the seas north as far as he 
could. He was to take possession of such coinitries 
ns he might discover, that had not already been dis- 
covered or visited by other European powers. He 
was not to touch upon any part of the Spanish do- 
minions, urdess driven there by accidi'Ut. He was 
to give no oll'ence to the subjects of his Catholic 
Majesty or of Russia, but to treat theni with friend- 
ship. Such is the substance of Cook's instructions. 
Tiiey clearly [joint out the objects of his voyage, and 
the views of the British (lovernment. Cook sailed 
from England and reached the Northwest coast in 
1778. He saw Cape Blanco in latitude 43, and 
(.'ape Flattery in latitude 48. But he did not see 
the nrouth of the Cohunbia, nor the strait of Fuca. 
The 29ih of March. 1778, he anchored in Nootka 
Sjuiid, He remained there four weeks, repairing 



his vessels, and trading with the Indians. He found 
they had weapons of iron, and ornaments of brass. 
One chief had two silver spoons ofSjianish manu- 
facture. He saw Momit San Jacinto, which had 
been named four years before by Bodega, and Mount 
St. Elias, described in Bhcring's voyage. He con- 
tinued his examinations north, passed into the Arc- 
tic ocean, to the western extremity of America, and 
crossed over to .Asia, naming the strait after Bhering, 
in honor of its first discoverer. He traced the coast 
of America to latitude 70 degrees 30 minutes north, 
when he had to return in consequence of the ice. 
He found no passage to the Atlantic, because none 
existed. The remainder of his history is known to 
the world. He visited the Russian settlement at 
IJnalashka on his way to the south, and arrived at 
(Jwyhee, where, on the Kith of February, 1779, this 
gallant and generous man was murdered by savages. 

The examinations and surveys of Cook in the 
north Pacific are of imperishaltle value. They 
opened to the world a new theatre for enterprise. 
But his instructions and the settled laws of nations 
prevented him Iroin accpiiring any rights by discov- 
ery to the Oregon Territory. His operations were 
dii-ected to regions far north, and his discovery of 
the Capes Blanco and Flattery, and landing at Noot- 
ka, gave no right to England; for all these points had 
been previously seen and explored by Spanish navi- 
gators. Nootka Sound had been occupied by Perez 
in 1774, which was four years before Cook arrived. 
The subsequent navigators, Mears, Vancouver, and 
others, were nothing but trespassers upon the dis- 
coveries of Spain and of the United States. 

The next ground of title assumed by Great Brit- 
ain is founded upon a treaty with Spain. It is, 
therefore, necessary that we look into the provisions 
of that treaty. In 182(), upon the renewal of the 
discussion in regard to the Oregon between (Jreat 
Britain and the United States, Mr. Huskisson and 
Mr. Addington, the ministers of Great Britain, in a 
communication to Mr. Gallatin, state their claim 
growing out of the Spanish treaty in these word.s: 

"Great Britain claims no exclusive sovereignty 
over any portion of the territory on the Pacific, be- 
tween the 42d and 49th parallel of latitude; her 
present claim — not in respect to airy part, but to the 
whole — is limited to a right of joint occupancy in 
common with other States, leaving the right of ex- 
clusive dominion iir a/ici/aiicf; and her pretensions 
tend to the men? maintenance of her own rights, ia 
resistance to the exclusive character of the preten- 
sions of the United States. 

"The rights of Cireat Britain arc recorded and 
defined in the convention of 1790, (with Spain;) 
they embrace the right to navigate the waters of 
those countries, to settle in and over any part of 
them, and to trade with the inhabitarrts and occupi- 
lers of the same. It is admitted that the United 
States possess the same rights; but, beyond those 
rights, they possess none." 

Here, then, we have not only the rights of Great 
Britain defined, but we are modestly told what are 
our rights. Her claim, it is said, is limited to a right 
of joint occupancy in common with of/wr Stules. 
What other States] In 182G. did any other Gov- 
ernmcnt but ours (except the claim she was put- 



i6 



ting forth) lay claim to if? Spain, France, and 
Russia, had all renounced to us, and the boundaries 
were established. And is England to decide that 
the only right to Oregon, in favor of any Govern- 
ment, is a mere possessory one; and that it is a com- 
mon right equally belonging to other States? If 
so, it would seem that our treaties with France, Spain, 
and Russia, are to be abrogated; that our right to 
Oregon must be abandoned; and that henceforth 
it is to be regarded as a country subject to the claim 
of any "other States" of the world. The avowal 
of doctrines so monstrous, and so wholly at war with 
the settled law of nations, only proves the utter 
groundlessness of her claim. 

Let it be remembered that her ministers declared 
that "the rights of Great Britain are recorded and 
defined in the convention of 1790" with Spain. 
And then let us proceed to examine what are the 
rights, the breadth and length of vphich are record- 
ed in that convention. Here is the fifth article, the 
one upon wliich these supposed English rights are 
founded : 

"Art. 5. As well in the places which are to be 
restored to the British subjects by virtue of the first 
article, as in all other parts of the northwestern 
coast of ]\orth America, or of the islands adjacent, 
situate to the north of the coast already occupied 
by Spain, wherever the subjects of either of the two 
powers shall have made sittlements since the month 
of April, 1789, or shall hereafter make any, the sub- 
jects of the other shall have free access, and shall 
carry on their trade without any disturbance or moles- 
tation." 

Now, in ivhat places, or upon what "parts" of 
the northwestern coast of North America, did this 
article operate? Is it upon the whole iVorthwest 
coast, or only upon a part of it? The plain language of 
the article furnishes the answer. It is upon the 
"parts of the northwestern coast, or of the islands 
adjacent, situate to the north of the coast already 
occupied by Spain, wherever the subjects of either 
of the two powers shall have made settlements 
since the month of Jlpril, 1789." And what parts of 
the northwest coast of North America did the subjects 
of either Spain or England then occupy by settle- 
ments made after the month of April, 1789? It is 
proved beyond all doubt, that the only place upon 
which either Spanish or British subjects made set- 
tlements between the month of April, 1789, and the 
28th of October, 1790, the date of the convention, 
was atNootka Sound. The testimony furnished by 
England and Spain, and the letters of Captain Gray 
and Joseph Ingraham, all concur in proving this. 
Nootka was head-quarters. The ships, after ob- 
taining their supply of furs, sailed from there direct- 
ly to Canton. The language of the convention 
could not refer to the ancient soutliern settlements 
at California or San Francisco. The dispute had 
grown out of disturbances at Nootka, upon the North- 
west coast. Spain occu|ned Nootka; so had Eng- 
land; the convention looked to that occupation. 
The joint occupancy was not to be to the south, 
but exclusivily north of the parts so occupied. 
And Nootka is in latitude 49° 40', which is two 
hundred and forty miles north of the mouth of the 
Columbia river. That convention, therefore, never 



gave to England the right to occupy a foot of terri- 
tory south of Nootka Sound. 

Sir, no part of the valley of the Columbia river 
is included in that treaty. And Mr. Huskisson and 
Mr. Addington, in stating that "the rights of Great 
Britain are recorded and defined in the convention 
of 1790 with Spain," have admitted that England 
has no rights whatever south of Nootka. 

Mr. President, (said Mr. McR.,) in this construc- 
tion of the treaty of 1790, 1 am sustained by the high- 
est possible evidence. I am sustained by the author- 
ity of British statesmen, who supported that treaty 
when Mr. Pitt brought it before Parliament. I read 
from the 28th volume of Parliamentary History. 
The Diike of ^Montrose, who moved an address of 
thanks to his Majesty for having made the treaty, 
said : 

"We are not only restored to Nootka, but, by an 
express stipulation, we may participate in a more 
7iorihern settlement, if we should find at any time 
that a more northern situation would be preferable 
for the carrying on of the trade." 

Mr. Dundas said; "At Nootka we have obtained 
a specific right of settlement to trade and fish," 
page 980. 

Mr. Smith, another friend of the ministry, and 
who warmly supported the treaty, said; 

"The whole coast of Prince Wdliam's Sound was 
free for us to settle on, no place being occupied 
there by a Spanish colony." 

And where is Prince William's Sound? Mr. McR. 
said, by turning to the map it appeared that it is situ- 
ated directly west of Mount St. Elias, in the 60th 
degree of north latitude, being nine hundred miles 
north of Coluiiibia river. 

Here we have the construction put upon the 
treaty by its friends, that the right on the part of 
Great Britain to make settlements was to be to the 
north of Nootka. The same volume (said Mr. McR.) 
contains the opinions of members of Parliament who 
Were opposed to the treaty. 

The celebrated Mr. Fox, of whose talents and 
sagacity I need not speak here, in the debate upon 
the convention, said: 

"Our right before was to settle in any part of South 
or Northwest America not fortified against us by 
previous occupancy; and we are now restricted to 
settle in certain places only, and under certain re- 
strictions." Again, at page 996 he says: " We had 
obtained an admission of our rights to settle to the 
north; and even that we had not obtained with 
clearness, as 'Spanish settlements' were the only 
mark of limits." 

Lord A'orth said : 

"Was it not necessary to know the reasons for 
so vague a delineation of our rights in the North- 
western American seas, as the convention contained; 
and of the boon of tSpuin's not colonizing beyond 
the most northern of her settlements?" 

'J'he JMarquis of Lansdowne said; 

"As to the particular terms of the convention 
just concluded, it stip\ilated, with respect to Nootka 
Sound, what was either pernicious or Irilluig. It 
iil)pcared madness to think of colonies, after what 
had passed in North America." 

The last remark, you perceive, is a very pointed 



n 



one; anil boinsr made but nine years after the Revo- 
lution, its import was well understood. 

Sir, many members denounced the ministry, in 
terms of bitter reproach, because the treaty had not 
secured to them more of the Northwest coast, and 
because tbe British were restricted in their settle- 
ments to the territory north of Nootka. 

Lord Perchestev said: 

"A conduct so absurd and pernicious, so desti- 
tute of all pohcy, the history of nations cannot ex- 
hibit. Bullying so unprovoked, evaporatini? at 
length in a convention so unrneanine;. confidence 
given so liberally, and so illy rewarded, never was 
paralleled. Did not the event, he asked, confirm 
the very general observation without doors, that we 
had a ministry who had neither courage to make 
war, nor the skill to make peace?" 

And, sir, (said Mr. McR..) this very subject of 
boundary, and the exclusion of the British traders 
from the country south of Nootka — that is, from 
the whole valley of the Columbia river — was pressed 
upon the ministry as a dereliction of duty, with all 
the sirenijth and eloquence of a most talented oppo- 
sition. This point was never denied by the minis- 
try or their friends. The treaty was defended on 
other grounds, and was adopted, with the admission 
of its friends, and the charge of its opponents, that 
the British right of joint occupancy witli Spain 
was confined to the country north of Nootka iSound. 
And yet, sir, it was in this treaty — ay, tliis far- 
famed treaty — that, in lS2fi, Mr. Huskisson and Mr. 
Addin^ton averred that "the rights of (ireal Britain 
are recorded and defined." 

I take them at their word; and the history now 
exhibited, the concurrent testimony of its friends and 
opponents at the time of its adoption, together with 
the language of the treaty itself, all prove that it 
gave to Great Britain no right at all to any part of 
Oregon. M'e look to something higher than Noolka 
conventions for our title. It is ba.sed uj)on tlie lirst 
elements of national law, — upon j)rior discovery, 
upon occupancy, and upon deeds of purchase from 
France and Spain. 

I have now done with this branch of the subject 
— the question of title. It is one of trre.U and traii- 
sceiidant importance to the whole community ; lor 
our people, who square their lives by a sense of jus- 
tice to others, only want to know what are their 
own rights, in order to defend and maintain them, 
.^ml upon the views now presented of our indefeas- 
ible tide to the Oregon 'I'erritory, I am willing to 
abide the decision of the living, and the judgment of 
posterity. 

The bill before us proposes — 

1st, To cause a line of jjost'^, not to exceed five 
in number, to be established from our Western 
boundary to the mouth of the Columbia river. 

'lA. To altacli the Oregon to the Territory of 
Iowa, for judicial j)urposes; and to appoint a judge 
and justices of the peace to adiniiiistcr the law-:. 

.'id. 'i'hat Congress will hereaftrr provide for 
granting to each inhabitant over eighteen years of 
age six hundred and forty acres of land, who shall 
'ultivate it five y»'ars; to the wife of each occupant, one 
hundred and sixty acres; and to the father, for earh 
child he may ha\e under eighteen years of age, or 



that may be born there within the five years, one 
hundred and sixty acres. 

These arc the inducements which the bill pro- 
poses as an encouragement to emigrants. The 
honorable Senator from South ('arolina [Mr. Cal- 
Moi'jj] and the honorable Senator from Massachu- 
setts [Mr. Ciiciate] are of opinion that the pro- 
posed grants of land may come in conflict with one 
of our treaty stipulations, giving a right of joint 
occupancy to English subjects. Now I think that, 
upon a more full examination of the sulij<'ct, the 
objection will be removed; and I believe I shall be 
able to show that England has been permitting to be 
done precisely what we propose to do. The con- 
vention of October 20, 1818, and extended by that 
of August 6, 1827, was intended for the purposes 
of hunting and trapping; the whole object was to 
preserve peace among men of the two nations, in 
pursuit of furs and skins. The convention express- 
ly i\iem/)le<l the title to the country from its opera- 
tion. We can, therefore, as well dispose of the title 
to the land, as though the convention had no exist 
ence. Upon this point there can be no doubt. 
Now, as to the propriety of doing it, we all know 
that the leading inducements to the formation of 
that convention, which was to facilitate the collec- 
tion of furs and skins, has almost entirely ceased; 
and particularly in the country south of the Colum- 
bia, wliicli is the best adapted to agricultural pur- 
suits. 

The hunter has laid by his rifle and traps, and is 
cultivating the land for a subsistence. If our peo- 
ple go there, they must pursue the mechanics arts, 
or be cultivators of the soil — not hunters. .\nd they 
will not go to Oregon, unless we make provision 
for them. Indeed, this donation is the most e4ij>itaF 
feature of the bill. It will insure a vigorous and 
active po[)ulalioii in the country, aii<l nothing else 
will. Now I think my honorable friends will .igree 
with me about title. 

Mr. Caluoix. I agree that the question of title 
is clear. 

Mr. CiioATK expressed himself of the same opin- 
ion. 

Mr. .McRoHEUTs. We do not dilTer upon that 
l)oint. 

Now the convention of 1818, creating the joint 
occupancy, by one of its provisions, can be annulled 
by giving twelve months' notice. The passage of 
this bill wi 1 induce the Executive to give the re- 
quired notice, or we can have it done by a joint-res- 
olution. Before our people can yet to Oregon, tlic 
cim\ention will be annulled; although it imposes no 
olilii;ation incompatible with our right to pxss this 
bill. But there are other reasons: the bill is a pledge 
that we will make provision for emigrants and set- 
tlers, though no grant is to be m:!de under t\\c years. 
This pledge to provide for cultivators of l!ie soil 
could not, tlierctore, molest the British subjects in 
any right of hunting, trapping, fishing, or farming, 
which was provided for or contemplated in the cou- 
veiilion of 18 Is. 

Sir, (said Mr. McR.,) the British Government 
have been for ten years doing, of |)ermitting to bo 
done, precisely what we propose. Its subjects have 
already large farms in Oregon. One gentleman 
there in 1837, as we learn from a letter of one of 



12 



the missionaries, raised 4,500 bushels of wheat, 
4,000 bushels p.as, 1,700 bushels barley, 1,500 
bushels oats, -and potatoes in proportion. He has 
750 cattle, '100 hogs, 200 horses, ami a grist and 
saw mill of great value, and works one hundred 
hands, mostly Canadians. He has a garden of five 
acres ([ quote from the printed letter) "stored with 
almost every species of vegetables, fruits, and flow- 
ers ; among them figs, citrons, oranges, lemons, 
pomegranates, cotton plants, and all common fruits 
in the United States. Everything produces well. 
For some day.s our time was divided between visits 
to the firm, the mills, the herds, the dairy, the 
stores, the ships in j-ort, the school, &c. It, of 
course, gave us great satisfaction to witness these 
fruits of civilization, which we suj'posedour eyes had 
looked upon for the last time when we passed the 
ftontier line of our own land." 

This is farming upon no ordinary .scale. The es- 
tablishment at Vancouver trades largely to the Sand 
wich Islands in flour and sawed luml.cr. Both 
English and .Americans have farms on the Walla- 
mctt. And, sir. Great Britain is encouraging this 
policy, and declares that she will protect her sub- 
jects in this individual approprialion of the land. 
Mr. Huskisson and Mr. Addington, in 1.S2G, in a 
despatch to our ministers, said: ''In the interior of 
the territory in question, the subjects of Great Brit- 
ain have had formany yearsnumeroussettlementsand 
trading-posts. And they navigate the Coliiuibia 
as the sole channel for the conveyance of their prod- 
uce to the British stations nearest to the sea, &i' 
To the interests and establishments which British 
industry and enterprise have created. Great Britain 
owes protection; that protection will be given, both 
as regards settlement and freedom of trade and nav- 
igation." This is all that is material in the state- 
ment. 

Sir, (said Mr. McR.,) what is this but an appro- 
priation of land? We allowed her a temporary 
right of joint occupancy with us; and under this, 
England encourages her subjects to settle and cul- 
tivate the land, erect farms and build mills, and then 
tells you that her subjects shall be jtrotected in their 
settlements and establishments thus formed or to be 
formed. Is there any difference between such a 
declaration, and the pledge vi'hich we make to pro- 
vide for settlers in this bill] In substance, they are 
precisely the same. The Senator from Massachu- 
setts says that ICngland might also make grants of 
land to her subjects, which might produce collisions 
between jiersons holding a<ljoining farms under 
different titles. This is the answer: England 
could malvc no grants where she had no title. Slie 
might as well make grants upon the Potomac, as 
upon the Columbia. But this bill removes all tempt- 
ation for such a procedure, by conferring its privi- 
leges upon all resiilrnts, whether they be of .\nglo- 
American or European iilood. England, therefore, 
could have no cause of comj)laint, bccau.se such of 
her subjects as may have built farms, and wlio see 
proper to remain in the country and become sub- 
ject to our laws and jurisdiction, would lie protected. 
and j)!aced upon the footing clour own citizens. This 
matter has been tiiorougbly considered; and the [iro- 
visions of the bill projnising to make future provi- 



sion for those who have or may expend their labor 
or money in making farms, is founded in the highest 
principle of justice and philosophy. 

Sir, a sense of public duty requires immediate ac- 
tion. By our settled policy, we have placed a nu- 
merous Indian jiopulationupon our Western borders, 
extending from Iowa to the line of Texas. They are 
now at peace with us; but they are the shattered frag- 
ments of a hundred hostile tribes, and are composed 
of the very elements of war. Being oa the frontier, 
they are liable to be influenced by those who have-, 
been, and again may become, inimical to us. I need 
not stoj) here to tell the Senate from what source 
all our Indian wars have {>roeceded, or whose hands 
first kindled the hostile ijres; the world knows all 
this, forthe history of it is written in blood. 

What plan could so effectually remove the tempta- 
tion to war on the part of those tribes, as also of the 
tribes still more remote, as to have a population in 
their rear sufticicnt to overpower them? 

The natural element of the Indian is war. He 
is taught it from his mother's lips in the wigwam, 
and sees it practised and cherished as the highest 
virtue of his tribe. We must counteract as far as 
possible this dangerous propensity of his being ; we 
must remove the temptation ; we must provide 
guards for pr<>lec.tion; and the settlement of the (Jre- 
gon with an e;hcient population would accomplish 
all this, and would create a moral power which, in 
time, would extinguish their war fires. 

The Territory of Oregon, to wliich our right is in- 
disputable, extends from the 42d to the 4'Jlh degree 
of north latitude, and from the Pacific ocean to our 
territory east of the Rocky Mountains. This com- 
prises a fertile region 700 miles wide at one extremi- 
ily, and 500 at the otlier, running through seven 
degrees of latitude, and embracing nearly two hun- 
dred millions of acres — enough to form three or tour 
new Slates. Hitherto it might have been thought 
we had territory enough, and that for some genera- 
tions at least we would not have use for more. But 
the late census, as well as those preceding, shows 
that wc may count ujion our population being 
doubled every twenty-three or four years. Here is 
the table showing our increase: 
In 1790 - - - - 3,929,827 

In 1800 .... 5,305,941 

In 1810 .... 7,239,814 

In l8-:0 .... 9,654,590 

In 1830 - - - - 12,806,020 

In 1840 . . - - 17,068,666 

By this ratio wc may expect to have a population 
of fifty-two millions in KS80, and at the close of the 
present century at least nini'ly-two millions. We 
lay claim to nothing but what belongs to us by right. 
By the mode proposed in this bill, we can accom- 
plish tbis without any reasonable ground of offence 
towards any other Government. We have to act for 
those who arc to succeed us; and our neglect of their 
interests, at the critical moment when it is our duty 
to place them on a permanent foundation, will be 
wholly inexcusable. 

That d\ity is now to assert our rights — to extend 
our laws over the country — to encourage the oeru- 
pat!<in of o'jr own territory by our own citi/ens — to 
give them temjiorary protection in their emigration; 



13 



aini, iti less than ten j'cars, your harJy citizens trans- 
planted to this new section of our Union will be 
able to defend and protect themselves. 

Sir, I want to see no more of this delay — no more 
procrastination. 

"T>-iri"rrow. and m morrciw, ami to. marrow, 
';ree|is in lis peity paco Iruiii day ui day 
Til ilii; lu;i'. sylliiblK ol' lei-cinliMl nine: 
Anil all your yct!t<'i\!:i s hu^e liihicil men 
Till' roail 111 tlufiy tleiiili." 

The great interests of the country recjuirc action — 
«peedy and determined action; and I appeal to politi- 



cal opponents as well as friends to unite v,-ith us, and 
give an undivided support to this hill. Other nations 
will take warning by it. 

If our right to Oregon can be settled only by war, 
then my constituents, and I believe the whole coun- 
try, will unite with me in saying, Let it come. That 
territory belongs to us, as I have this day demon- 
strated; and I hold it one of our highest national 
duties to assert that title, let what may come. Give 
us a decisive vote in both Houses of Congress. 
Unanimity upon the question is all that is now ne- 
cessary; it will .settle it a.s eflcctually as the sword. 




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